Week 6 Essay

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University Of Arizona *

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578A

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Information Systems

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Apr 3, 2024

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D’Amico, J. Week 6 Essay LAW 578A Fall 2023 The Interoperability and Patient Access final rule (CMS-9115-F) was established to allow patients more access to their data and a regulated freer flow of information between multiple providers so that everyone is more informed. i When the orthopedist can see that the gynecologist’s prescription causes joint issues, she can pinpoint the frequent breaks and sprains from a more holistic view. This sounds like an ideal situation, and while the spirit of the rule is commendable, but it raises challenges both in terms of privacy and economics that could hurt rather than help the healthcare system. Not all EMRs are created equal, and it is clear that some are more robust than others. In order to allow for seamless data transfer, they would have to give up trade secrets and encryption types to competitors. There is no standardized data format, there are no compatibility regulations, and giving up that information could impact the competitive advantage they might have in the market. ii Not only does this risk the sharing of proprietary intellectual property, but it can also be quite expensive to develop or amend current coding and storage practices. Additionally, with increased data transfer, there is a data integrity issue. When data is compressed, there are two types of compression – lossy and lossless. Lossless is reversible, but takes up much more space, and lossy is a smaller, quicker to transfer, yet loses some integrity and detail. iii However, this would be important in image or sound files when another practitioner would be trying to determine a diagnosis – obviously lossless is a better choice, but with hundreds of millions of internal image and sound files,
D’Amico, J. Week 6 Essay LAW 578A Fall 2023 plus those coming from outside facilities, the storage capacity needed would be astronomical and therefore not practical. Finally, there is the risk of hacking and data falling into the wrong hands. While encryption is important, data breaches still occur, and in 2023 the global cost of a single data breach is $4.45mm. iv This is inconvenient-to- life-ruining for those whose data is stolen, a serious security risk, and scandalous for the company. With more data, there are more opportunities to exploit, and with more transfers, there are more points to disrupt the chain of command. Health data is even more sensitive than government- issued or demographic data – hackers can use health vulnerabilities to more easily scam the patients. The ramifications of a health data breach can be astronomical and terrifying. The idea that technology can fuel better diagnoses, treatments, and outcomes is a beacon of hope for many. However, throughout history we have seen that with “great power comes great responsibility” v and if we intend to continue to reap the benefits, we will need to put in more safeguards. With the need for increased safety and standards comes increased regulations and increased costs, which is not beneficial to anyone. In this scenario, these increased costs might be warranted as protecting the patient, be it physically or digitally, should always come first.
i “Fact Sheet Interoperability and Patient Access Fact Sheet.” CMS , www.cms.gov/newsroom/fact-sheets/interoperability-and-patient-access- fact-sheet. ii Landi, Heather. “Epic’s Judy Faulkner: Onc Data Blocking Rule Undermines Privacy, Intellectual Property Protections.” Fierce Healthcare , 9 Dec. 2019, www.fiercehealthcare.com/tech/epic-ceo-judy-faulkner-says-onc-data-blocking-rule-undermines-privacy-and-removes-intellectual. iii “Lossy vs Lossless Compression: Differences & Advantages | Adobe.” Adobe , www.adobe.com/uk/creativecloud/photography/discover/lossy- vs-lossless.html. iv “Cost of a Data Breach 2023.” IBM , www.ibm.com/reports/data-breach? utm_content=SRCWW&p1=Search&p4=43700077724064009&p5=e&gclid=CjwKCAjw69moBhBgEiwAUFCx2KlVoF0WAAx9kNmBIixVtq3wGuGwy xWmgosFnM7Og3fvebG8kTNNyBoC-loQAvD_BwE&gclsrc=aw.ds. v “With Great Power Comes Great Responsibility.” Wikipedia , Wikimedia Foundation, 13 Sept. 2023, en.wikipedia.org/wiki/With_great_power_comes_great_responsibility.
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